This article shall be known and may be cited as the "Solid Waste
Management Law."
This article is adopted pursuant to Chapter 675 of the Laws
of 1982 of the State of New York for the purpose of:
A. Effectuating
the management on a County-wide basis of all solid waste generated
within or coming from outside of the County of Dutchess in order to
protect the public health and safety and to improve the environment
by control of air, water and land pollution; and
B. Carrying
out the expressed policy of the state to displace competition with
regulation or monopoly public service.
As used in this article, the following terms shall have the
meanings indicated:
AGENCY
The Dutchess County Resource Recovery Agency created under
Chapter 675 of the Laws of 1982 of the State of New York.
COUNTY OF DUTCHESS
The entire County of Dutchess as constituted and existing
under the laws of the State of New York.
MUNICIPALITY
Any county, city, town, village, improvement district (or
a county, city, town or village acting on behalf of an improvement
district), public corporation, municipal corporation, political subdivision,
government agency, department or bureau of the state or federal government.
PERSON
Any natural person, individual, partnership, copartnership,
association, joint venture, corporation form, trust, estate or any
other legal entity, inclusive of a municipality.
SOLID WASTE
All materials or substances discarded or rejected within
the County of Dutchess as being spent, useless, worthless, or in excess
to the owners at the time of such discard or rejection, including,
but not limited to, garbage, refuse, industrial and commercial waste,
sludges from air or water pollution control facilities or water supply
treatment facilities, rubbish, ashes, contained gaseous material,
incinerator residue, demolition and construction debris and offal,
but not including sewage and other highly diluted water-carried materials
or substances and those in gaseous form, special nuclear or by-product
material within the meaning of the United States Atomic Energy Act
of 1954, as amended, and waste which appears on the list of hazardous
waste promulgated by the Commissioner of Environmental Conservation
pursuant to § 27-0903 of the Environmental Conservation
Law of the State of New York.
SOLID WASTE MANAGEMENT-RESOURCE RECOVERY FACILITY
Any facility, plant, works, system, building, structure,
improvement, machinery, equipment, fixture or other real or personal
property which is to be used, occupied or employed for the collecting,
receiving, transporting, storage, processing or disposal of solid
waste or the recovery by any means of any material or energy product
or resource therefrom, including, but not limited to, recycling centers,
transfer stations, baling facilities, rail haul or maritime facilities,
collection vehicles, processing systems, resource recovery facilities,
steam and electric generating and transmission facilities, including
auxiliary facilities to supplement or temporarily replace such generating
facilities, steam distribution facilities, sanitary landfills, plants
and facilities for compacting, composting or pyrolization of solid
wastes, incinerators and other solid waste disposal, reduction or
conversion facilities and resource recovery equipment and disposal
equipment as defined in Subdivisions 4 and 5 of § 51-0903
of the Environmental Conservation Law of the State of New York.
It shall be the responsibility of the Commissioner of Solid
Waste Management, in consultation with the County Attorney, to enforce
the provisions of this article and all rules, regulations and designations
made pursuant thereto. Such enforcement shall be by such legal or
equitable proceedings, including without limitation a proceeding for
specific performance, brought in the name of the County of Dutchess
as may be provided or authorized by law.
Any person who violates this article shall be guilty of an offense and subject to a fine of not more than $500 and/or imprisonment for not more than 15 days and/or suspension or revocation of collecting, receiving, transporting and/or disposing privileges in conjunction with solid waste within the County of Dutchess. Each and every act of disposal committed which is prohibited by §
256-4 hereof shall constitute a separate violation of this article.
Pursuant to Section 1 of Chapter 675 of the Laws of 1982 of
the State of New York, this article takes precedence over and shall supersede
any inconsistent provisions of any local law enacted by any municipality
within the County of Dutchess.